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<br />~ <br />~ <br /> <br />CITY COUNCIL WORK SESSION <br />Topic Report: Nuisance Ordinance/Administrative Penalties <br /> <br /> <br />By: Asst. Community Development Director Sylvia Frolik, Environmental Coordinator Chris <br />Anderson, Police Chief Jim Way <br /> <br />Background: <br /> <br />In the past, City Council and City Staff have discussed looking into procedures that would make our code <br />enforcement efforts more efficient and. effective. One of the options is implementing an administrative <br />hearing process to resolve code violations issues more expeditiously than the court system. Another option <br />is to iinplement a City-initiated abatement program. <br /> <br />Coon Rapids has a proactive code enforcement procedure that includes abatement and administrative <br />hearings. Staffmembers Sylvia Frolik, Jim Way~ Chris Anderson, and Councilmembers Dehen and Look <br />visited with the City of Coon Rapids to learn more about both procedures. <br /> <br />Coon Rapids has a full time Code Enforcement Officer that handles just code violations. Upon verification <br />of a code violation, notice of violation is sent to the property owner with a standard twenty (20) day time <br />frame to remedy the violation. If the violation(s) remains after twenty (20) .days, the property owner may be <br />given a single grace. period of an additional seven (7) days. If the violation is still not corrected, the City <br />sends an abatement letter to the property owner identifying the date on which the City will enter the property <br />and make the necessary corrections. The property owner is billed $60 for staff time to arrange for the <br />abatement, plus $1.50 per photo, plus the actual cost of abatement. The property owner is billed and has the <br />option to transfer the charges to their property taxes. If there is another violation on the property within 12 <br />months, the administrative fee for abatement increases to $140.00. <br /> <br />The legality of entering onto private property to abate a nuisance was discussed. Of the 991. cases opened in <br />2006, 31 of them resulted'in the City performing the abatement. There may be a certain amount of liability <br />associated with removing personal property, especially if it has value. Over the past 20 years, Coon Rapids. <br />has been challenged once for entering the property and removing items. The courts ruled that the city acted <br />within its power and that the city could assess for the cost of the abatement. <br /> <br />If the property owner contests that there is a violation, Coon Rapids uses the administrative hearing process <br />rather than the court system to resolve the existence of a violation.. The administrative hearing system. <br />provides a sort of forum, which is more informal and less threatening to alleged violators. In Coon <br />Rapids, the Board of Adjustment has been appointed as the official 'administrative hearing officer'. In <br />2006, only three (3) of the 991 code enforcementcases requested a ruling by the hearing officer. Over the <br />course of the 22 year code enforcement program, there haye been less than 20 appeals that haye gone to the <br />